Bill Text: VA HB1192 | 2024 | Regular Session | Prefiled
Bill Title: State debt collection; establishes statute of limitations.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2024-02-08 - Continued to 2025 in General Laws by voice vote [HB1192 Detail]
Download: Virginia-2024-HB1192-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §2.2-4806 of the Code of Virginia is amended and reenacted as follows:
§2.2-4806. Utilization of certain collection techniques.
A. 1. Each state agency and institution shall take all appropriate and cost-effective actions to aggressively collect its accounts receivable. Any such collection action by a state agency or institution to enforce the obligation of a party to pay the balance of a past due accounts receivable shall commence within seven years such party incurring the initial past due balance.
2. Each
agency and institution shall utilize, but not be limited to, the following
collection techniques, according to the policies and procedures required by the
Department of Accounts and the Division: (i) credit reporting bureaus,;
(ii) collection agencies,; (iii) garnishments, liens, and judgments,;
(iv) administrative offset,; and (v) participation in the
Treasury Offset Program of the United States under 31 U.S.C. §3716.
B. Except as provided otherwise herein, for collection of accounts receivable of $3,000 or more that are 60 days past due, each agency and institution shall forward those claims to the Division for collection. The Division shall review forwarded accounts, determine the appropriate collection efforts, if any, for each account, and take such actions on the accounts as the Division may so determine.
C. Except as provided otherwise herein, for collection of
accounts receivable under of less than
$3,000 that are 60 days past due, each agency and institution shall contract
with a private collection agency for the collection of those debts. Prior to
referring accounts receivable of less than $3,000, agencies and institutions
may refer such accounts to the Division. The Division may accept the account
for collection or return it to the agency or institution for collection by a
private collection agency.
D. Except as otherwise provided in this subsection, where a
debtor is paying a debt in periodic payments to an agency or institution, the
agency or institution may elect to retain the claim in excess of 60 days
provided that such periodic payments are promptly paid until the account is
satisfied. In the event the debtor is delinquent (i) by 60 days in paying a
periodic payment or (ii) for such other period of time approved by the
Division, the account shall be handled in the manner provided by subsections B
and C of this section.
E. A public institution of higher education shall provide a debtor who is currently enrolled in such institution the option to pay his debt in periodic payments over the course of the term or semester in which the account became past due or, at the discretion of such institution, over a longer period, provided that such periodic payments are promptly paid until the account is satisfied. In the event that the debtor is delinquent (i) by 60 days in paying a periodic payment or (ii) for such other period of time approved by the Division, the account shall be handled in the manner provided by subsections B and C.
F. Notwithstanding any other provision of this chapter or any other law to the contrary, neither the Virginia Commonwealth University Health System Authority (the Authority) nor the University of Virginia Medical Center (the Center) shall engage in extraordinary collection actions, as defined in § 501(r) of the Internal Revenue Code as it was in effect on January 1, 2020, to collect patient accounts receivable related to medical treatment at such Authority or Center or its affiliated facilities unless the Authority or Center has undertaken all reasonable efforts to determine whether an individual with delinquent debt is eligible for Medicaid or other assistance under the Authority's or Center's financial assistance policy.
G. Each state agency and institution shall report and pay required fees to the Division as required by subsection C of §2.2-518.
